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MULINGE MASWILI
V.
REPUBLIC

(2012) JELR 104519 (CA)

Court of Appeal 28 Mar 2012 Kenya
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Case Details

Suit Number:Criminal Appeal 39 of 2007
Judges:Samuel Elikana Ondari Bosire, Hannah Magondi Okwengu, Joseph Gregory Nyamu
Location:Nairobi
Other Citations:Mulinge Maswili v. Republic [2012] eKLR

JUDGMENT OF THE COURT

Following the dismissal of his first appeal against conviction and sentence for the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code, Mulinge Maswili, the appellant, filed this appeal which probably is his last one.

In submissions before us, Mrs. Nyamongo, learned counsel for the appellant, lamented that the appellant was not accorded a fair trial as he requested for but was not furnished with copies of witness statements made to the police; certain essential witnesses were not called by the prosecution; the appellant’s defence was improperly rejected as no reasons were given to justify the rejection and that the sentence meted out to the appellant was contrary to the law in view of the provisions of section 389 of the Penal Code. It was also the appellant’s case that evidence regarding his identification as the person who committed the alleged offence was weak.

Mr. Monda, Principal State Counsel, in opposing the appeal submitt…

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